80638 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

Commission staff may request 

additional documentation from the 

applicant to demonstrate compliance 

with these public safety obligations, 

where necessary; 

(F) A certification that the applicant 

complies with the Access Stimulation 

rules under § 51.914 of this chapter; 

* * * * * 

(I) Proof that the applicant has filed 

FCC Forms 477 and 499, or a statement 

explaining why each such form is not 

yet applicable; 

* * * * * 

(K) A certification that the applicant 

possesses the financial, managerial, and 

technical expertise to provide reliable 

service. This certification must include 

the name of applicant’s key 

management and technical personnel, 

such as the Chief Operating Officer and 

the Chief Technology Officer, or 

equivalent, and state that neither the 

applicant nor any of the identified 

personnel are being or have been 

investigated by the Commission, law 

enforcement, or any regulatory agency 

for failure to comply with any law, rule, 

or order, including the Commission’s 

rules in this chapter applicable to 

unlawful robocalls or unlawful 

spoofing; 

(L) The same information, disclosures, 

and certifications required by § 63.18(h) 

and (i) of this chapter; 

* * * * * 

(N) A declaration under penalty of 

perjury pursuant to § 1.16 of this 

chapter that all statements in the 

application and any appendices are true 

and accurate. This declaration shall be 

executed by an officer or other 

authorized representative of the 

applicant. 

* * * * * 

(iv) Public notice and review period 

for streamlined pleading cycle. Upon 

determination by the Bureau that the 

applicant has filed a complete 

application that is appropriate for 

streamlined treatment, the Bureau will 

assign a docket number to the 

application and issue a public notice 

stating that the application has been 

accepted for filing as a streamlined 

application. The applicant must make 

all subsequent filings relating to its 

application in this docket. Parties may 

file comments addressing an application 

for authorization no later than 15 days 

after the Bureau releases a public notice 

stating that the application has been 

accepted for filing, unless the public 

notice specifies a different filing date. 

An application under this section is 

deemed granted by the Commission on 

the 31st day after the Commission 

releases a public notice stating that the 

application has been accepted for filing, 

unless the Bureau notifies the applicant 

that the grant will not be automatically 

effective. 

* * * * * 

(x) * * * 

(A) Maintain the accuracy of all 

contact information, certifications, and 

ownership or affiliation information in 

its application. If any contact 

information, certification, or affiliation 

information submitted in an application 

pursuant to this section, is no longer 

accurate, the provider must file a 

correction with the Commission and 

each applicable state within thirty (30) 

days of the change of contact 

information, certification, or affiliation 

information. Regarding ownership 

information, if the holders of equity 

and/or voting interests in the provider 

change such that a provider that 

previously did not have reportable 

ownership or control information under 

paragraph (g)(3)(ii)(L) of this section 

now has reportable ownership or 

control information, or there is a change 

to the reportable ownership or control 

information the provider previously 

reported under paragraph (g)(3)(ii)(L), 

the provider must file a correction with 

the Commission and each applicable 

state within thirty (30) days of the 

change to its ownership or control 

information. The Commission may use 

the updated contact information, 

certifications, or ownership or affiliation 

information to determine whether a 

change in authorization status is 

warranted; 

* * * * * 

[FR Doc. 2023–24679 Filed 11–17–23; 8:45 am] 

BILLING CODE 6712–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1815 and 1852 

[Notice (23–118)] 

RIN 2700–AE75 

NASA Federal Acquisition Regulation 

Supplement: NASA FAR Supplement— 

NASA Ombudsman Program (NFS 

Case 2023–N022) 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: National Aeronautics and 

Space Administration (NASA) is issuing 

a final rule amending the NASA Federal 

Acquisition Regulation Supplement 

(NFS) to update the policy concerning 

the NASA Ombudsman Program. 

DATES: Effective December 20, 2023. 

FOR FURTHER INFORMATION CONTACT: 

James Becker, telephone 301–286–1296; 

facsimile 202–358–3082. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends the NASA FAR 

Supplement(NFS) to update the policy 

concerning the NASA Ombudsman 

Program. 

When awarding a multiple award 

indefinite-quantity contracts, 41 U.S.C. 

4106(g) requires agencies to have a taskand delivery-order ombudsman who 

will be responsible for reviewing 

complaints from contractors and 

ensuring that they are afforded a fair 

opportunity to be considered for the 

award of an order, consistent with the 

procedures in the contract. This 

requirement is implemented at Federal 

Acquisition Regulation (FAR) 

16.505(b)(8). FAR 16.504(a)(4)(v) 

requires the solicitation and contract for 

an indefinite-quantity to include the 

name, address, telephone number, 

facsimile number, and email address of 

the agency’s task and delivery order 

ombudsman, if multiple awards may be 

made. 

To implement the requirement at FAR 

16.504(a)(4)(v), several agencies created 

a contract clause that provides 

contractors with the agency 

ombudsman’s responsibilities and 

contact information. NFS clause 

1852.215–84 Ombudsman, Alternate I, 

provides this information for task and 

delivery order contracts. As several 

agencies use a clause to provide this 

information to contractors, the 

Department of Defense (DOD), General 

Services Administration (GSA), and 

NASA processed a FAR case to 

implement a clause at the FAR level that 

would be available for all agencies to 

use. 

DOD, GSA, and NASA have 

undertaken rulemaking to formally 

incorporate this change. These 

rulemaking changes were published in 

the Federal Register (84 FR 38836) on 

August 7, 2019, FAC 2019–04, and FAR 

Case 2017–020, Ombudsman for 

Indefinite Delivery Contracts, effective 

September 6, 2019. 

This rule does not add any new 

solicitation provisions or contract 

clauses. This rule merely revises the 

policy concerning the NASA 

Ombudsman Program by deleting 

Alternate I and references to the use of 

Alternate I of NFS clause 1852.215–84 

Ombudsman. It does not add any new 

burdens because the case does not add 

or change any requirements with which 

vendors must comply. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80639 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because NASA is not issuing a new 

regulation; rather, this rule is merely 

deleting Alternate I to NFS clause 

1852.215–84 Ombudsman since the 

alternate to the clause is no longer 

needed. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. requirements with which vendors 

must comply. 

IV. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major rule’’ may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This rule has been 

reviewed and determined by OMB not 

to be a ‘‘major rule’’ under 5 U.S.C. 

804(2). 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) does not apply to this 

rule, because an opportunity for public 

comment is not required to be given for 

this rule under 41 U.S.C. 1707(a)(1) (see 

Section II. of this preamble). 

Accordingly, no regulatory flexibility 

analysis is required, and none has been 

prepared. 

VI. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 1815 

and 1852 

Government procurement. 

Erica D. Jones, 

NASA FAR Supplement Manager. 

Accordingly, NASA amends 48 CFR 

parts 1815 and 1852 as follows: 

■ 1. The authority citation for parts 

1815 and 1852 continue to read as 

follows: 

Authority: 51 U.S.C. 20113(a) and 48 CFR 

chapter 1. 

PART 1815—CONTRACTING BY 

NEGOTIATION 

■ 2. Revise section 1815.7003 to read as 

follows: 

1815.7003 Contract clause. 

The contracting officer shall insert a 

clause substantially the same as the one 

at 1852.215–84, Ombudsman, in all 

solicitations (including draft 

solicitations) and contracts. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 1852.215–84 by: 

■ a. Revising the date of the clause and 

paragraph (b); and 

■ b. Removing ALTERNATE I. 

The revisions read as follows: 

1852.215–84 Ombudsman. 

* * * * * 

Ombudsman (NOV 2023) 

* * * * * 

(b) If resolution cannot be made by 

the contracting officer, interested parties 

may contact the installation 

ombudsman, whose name, address, 

telephone number, facsimile number, 

and email address may be found at 

https://www.hq.nasa.gov/office/ 

procurement/regs/ProcurementOmbuds-Comp-Advocate-Listing.pdf. 

Concerns, issues, disagreements, and 

recommendations which cannot be 

resolved at the installation may be 

referred to the Agency ombudsman 

identified at the above URL. Please do 

not contact the ombudsman to request 

copies of the solicitation, verify offer 

due date, or clarify technical 

requirements. Such inquiries shall be 

directed to the Contracting Officer or as 

specified elsewhere in this document. 

(End Clause) 

[FR Doc. 2023–25581 Filed 11–17–23; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 221215–0272; RTID 0648– 

XD537] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfers From NY and MD to 

NC 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfers. 

SUMMARY: NMFS announces that the 

States of New York and Maryland are 

transferring a portion of their 2023 

commercial bluefish quota to the State 

of North Carolina. These adjustments to 

the 2023 fishing year quotas are 

necessary to comply with the Atlantic 

Bluefish Fishery Management Plan 

quota transfer provisions. This 

announcement informs the public of the 

revised 2023 commercial bluefish 

quotas for New York, Maryland, and 

North Carolina. 

DATES: Effective November 17, 2023, 

through December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, (978) 281–9184. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found in 50 CFR 

648.160 through 648.167. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the Coastal States 

from Maine through Florida. The 

process to set the annual commercial 

quota and the percent allocated to each 

State is described in § 648.162, and the 

final 2023 allocations were published 

on December 21, 2022 (87 FR 78011). 


ddrumheller on DSK120RN23PROD with RULES1